What is the definition of “likelihood of confusion” in trademark infringement?
In Pennsylvania, the likelihood of confusion in trademark infringement is defined as an unavoidable risk of confusion or mistake by the public regarding the identity of the sources of two trademarks. This confusion can arise from either the similarity of the two trademarks or the similarity of the goods and/or services associated with the two trademarks. The test used to determine likelihood of confusion considers various factors including the similarity of the two trademarks, the market proximity of the goods/services associated with the two trademarks, the strength of the trademark, the degree of care likely to be used by consumers when buying the goods/services associated with the two trademarks, and the defendant’s intent in selecting the trademark. Courts in Pennsylvania have held that when assessing the likelihood of confusion, the court may consider the overall impression of the trademarks as well as the individual elements of each trademark. For example, if the trademarks are similar in sound, appearance, or connotation, then the court may find a likelihood of confusion. Additionally, if the goods/services associated with the two trademarks are in the same market or are directly related in some way, that could also indicate a likelihood of confusion.
Related FAQs
Are there any defenses to a claim of copyright infringement?What are the legally recognized types of unfair competition?
What is a deceptive trade practice?
What is the scope of the Lanham Act’s false designation of origin claim?
What is unfair competition law?
Is copyright infringement a form of unfair competition?
What is the concept of “trade secrets” and how can they be protected against unfair competition?
What are the remedies available in a UDRP claim?
What is the doctrine of anticompetitive behavior?
What is the purpose of the Communications Decency Act?
Related Blog Posts
What Is Unfair Competition Law and How Can It Protect Your Business? - July 31, 2023Understanding Unfair Competition Law: What You Need to Know - August 7, 2023
Unfair Competition Law: Key Concepts and Terminology - August 14, 2023
The Basics of Unfair Competition Law for Business Owners - August 21, 2023
How to Recognize and Respond to Unfair Competition Practices - August 28, 2023